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Dáil Éireann debate -
Thursday, 10 Jul 1997

Vol. 480 No. 3

Other Questions. - Sinking of Fishing Vessel.

Austin Deasy

Question:

7 Mr. Deasy asked the Minister for the Marine when the results of the inquiry into the sinking of the fishing vessel, Jenalisa, off Dunmore East, County Waterford, will be released; and if he will make a statement on the matter. [13958/97]

It was decided to raise the wreck of the fishing vessel, Jenalisa, which sank on 4 February 1996 to progress the investigation into its sinking. As well as carrying out a number of tests and experiments, the marine survey office of my Department recently completed a stability assessment of the vessel to establish how the accident happened. A report of the investigation is being finalised and will be made available in due course, subject to normal legal considerations. I am very disappointed and upset about the extent of the delay, which has been brought to my attention. I appreciate that uncertainty about what happened their loved ones adds very much to the trauma of loss for families. I intend to bring forward the report as quickly as possible.

Three fishermen were drowned in this incident and their families are particularly concerned that no report has issued as a result of the inquiry by the Department. I would greatly appreciate if the Minister would give a timescale of when he expects the report will be issued. In the meantime he should request a senior official of his Department to liaise with the families concerned to let them know what is happening.

I will certainly do that. I greatly appreciate the sense of loss, bereavement and trauma for the families involved, particularly in the two cases where the bodies were not recovered. I will arrange for an official to speak with the families and let them know the position. It is expected the report will be available in September. Among the reasons for the delay in this case is that one of the principal officers who carried out the initial investigation left the Department and took up work elsewhere. There was considerable difficulty in trying to establish what happened, but I accept the delay should not have been so great. When the report is available the Attorney General will have to advise on what can be legally published.

I thank the Minister for his reply. Obviously this incident took place prior to his taking office. On 9 April I spoke to officials in the Department of the Marine and was told the stability evaluation would be completed within a month. The Minister said it is now completed. I understood that as soon as that was ready a report would be sent to the Minister, which would then have to go to the Attorney General before publication. The Minister has indicated the report will not be ready until September. Why is there a delay in publishing the report? Given that it has to go to the Attorney General, it looks as if it will be 1998 before it will be published. Will the Minister give an assurance that it will be published later this year?

In so far as I can, I will certainly give such an undertaking. I will pursue the matter and try to have the report published by September. Staff difficulties arose in this case and the chief official dealing with the survey left, creating further difficulties. I understand the seriousness of the tragedy and I will try to have the report published as quickly as possible. I thank Deputies for bringing the matter to my attention.

Does the Minister share my concern about the status of such reports? Will he give an update on the group currently considering inquiries into fishing vessel disasters so that, leaving aside the length of time it takes to compile such reports, there can be no doubt about whether those reports can be published once completed? There have been ongoing difficulties regarding publication of reports and raising of expectations, as well as legal difficulties about whether reports can be published. Has the Minister information on how the group is progressing in terms of drawing up future reports and who should be responsible?

The investigation of marine accidents policy review group, established in November 1996 by the then Minister, Deputy Barrett, to review existing policy procedures and the legislative framework for maritime casualty investigations in Ireland, is chaired by Mr. Vincent Power and includes representatives of the Department of the Marine as well as other people with relevant knowledge and experience. This very important group considers issues such as the duty to report accidents, the purpose of the investigation, the categories of accidents and appropriate levels of investigation, the information to be established, the guidelines for surveyors, the follow-up action, the publication of reports, the question of dealing with bereaved families and the follow through in the case of bereavement, which is particularly important. From my dealings with health and social welfare, I am very familiar with the importance of that aspect.

The report will also deal with the media, the industry and political representatives as well as the role of the Attorney General's office and the Chief State Solicitor's office, jurisdiction liaison with flag states and the need for new legislation. It is expected the group will report by end September and that the report, which will be very important and relevant, will be published in October.

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